81 FR 19904 - Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 66 (April 6, 2016)
Federal Register Volume 81, Issue 66 (April 6, 2016)
| Page Range | 19904-19923 | |
| FR Document | 2016-07759 |
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)] [Rules and Regulations] [Pages 19904-19923] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07759] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Part 1201 [Docket No. EP 720] Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities AGENCY: Surface Transportation Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Surface Transportation Board (STB or Board) is adopting final rules that update the accounting and reporting requirements in its Uniform System of Accounts (USOA) for Class I Railroads so that they are more consistent with current generally accepted accounting principles (GAAP). The Board is also revising the schedules and instructions for the Annual Report for Class I Railroads (R-1 or Form R-1) to better meet regulatory requirements and industry needs. DATES: This rule is effective on May 6, 2016. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez at (202) 245-0333. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. SUPPLEMENTARY INFORMATION: The Interstate Commerce Act, as amended by the ICC Termination Act of 1995 (ICCTA), Public Law 104-88, 109 Stat. 803, authorizes the Board, in 49 U.S.C. 11142, to prescribe a uniform accounting system for rail carriers subject to our jurisdiction and, in 49 U.S.C. 11161, to maintain cost accounting rules for rail carriers.\1\ Sections 11142 and 11161 both require the Board to conform its accounting rules to GAAP ``[t]o the maximum extent practicable.'' The USOA is set forth in the Board's regulations at 49 CFR part 1201-- Subpart A. The USOA is used by the Class I Railroads \2\ to comply with their statutory requirement to provide the Board an annual report, known as the R-1 report, that contains information about their finances and operating statistics. 49 U.S.C. 11145(b)(1) and 49 CFR 1241.11. --------------------------------------------------------------------------- \1\ The Board has broad economic oversight of railroads, 49 U.S.C. 10101-11908, and prescribes a uniform accounting system for rail carriers to use for regulatory purposes, 49 U.S.C. 11141-43, 11161-64; 49 CFR parts 1200-1201. In addition, the Board requires Class I railroads to submit quarterly and annual reports containing financial and operating statistics, including employment and traffic data. 49 U.S.C. 11145; 49 CFR 1241-1246, 1248. \2\ The Board designates three classes of freight railroads based upon their operating revenues, for three consecutive years, in 1991 dollars, using the following scale: Class I--$250 million or more; Class II--less than $250 million but more than $20 million; and Class III--$20 million or less. These operating revenue thresholds are adjusted annually for inflation. 49 CFR pt. 1201, 1- 1. Adjusted for inflation, the revenue threshold for a Class I rail carrier using 2014 data is $475,754,803. Today, there are seven Class I carriers. --------------------------------------------------------------------------- In a notice of proposed rulemaking served on July 8, 2015 (NPR), the Board proposed to make a number of changes to the USOA. First, the Board noted that the existing USOA does not specifically address the proper accounting and reporting for changes in the fair value of certain security investments, derivative instruments, and hedging activities, nor does it contain specific accounts to record amounts related to items of Other Comprehensive Income or provide a format to display comprehensive income in the Form R-1. Without specific instructions and accounts for recording and reporting these transactions and events, inconsistent and incomplete accounting would result. Thus, the Board proposed to amend its USOA and Form R-1 to account for those types of transactions and events. Specifically, the Board proposed updating the USOA to provide for: (1) Fair value presentation of certain security investments, derivative instruments, and hedging activities; and (2) presentation of comprehensive income and components of other comprehensive income. The Board proposed these revisions based on the GAAP promulgated by the Financial Accounting Standards Board (FASB) \3\ in the following Accounting [[Page 19905]] Standards Codifications (ASC): ASC 320 Investments--Debt and Equity Securities; ASC 220 Comprehensive Income; ASC 815 Derivatives and Hedging; and ASC 805 Business Combinations.\4\ The Board stated that the purpose of the proposed revisions is to provide consistent accounting and reporting of changes in the fair value of security investments, derivative instruments, and hedging activities. The Board further stated that the proposed changes would minimize the accounting and reporting burden on railroads under the Board's jurisdiction, assist the Board in its overall monitoring effort, and improve transparency. --------------------------------------------------------------------------- \3\ FASB is a private, non-profit organization responsible for setting accounting standards for public companies in the United States. \4\ These accounting pronouncements are available at https://asc.fasb.org. --------------------------------------------------------------------------- Second, the Board proposed revising the USOA to reflect current accounting practices for business combinations by removing existing instructions for the pooling-of-interest method of accounting and replacing those instructions with the acquisition accounting method. This method of accounting has been standard practice in the accounting industry for some time, and the Board has already agreed that the acquisition method better reflects the investment made in an acquired entity and has affirmed the use of this treatment.\5\ Thus, in the NPR, the Board proposed to update the USOA to reflect this accounting treatment. --------------------------------------------------------------------------- \5\ See W. Coal Traffic League--Pet. for Declaratory Order, FD 35506, slip op at 6-17 (STB served July 25, 2013). --------------------------------------------------------------------------- Finally, the Board proposed revising the Form R-1 to include new accounts and a new reporting schedule and eliminating 15 schedules that the Board no longer uses. The proposed rules were published in the Federal Register, 80 FR 39,021 (July 8, 2015). The Board received comments from the Association of American Railroads (AAR); no reply comments were filed. Final Rules The Board has reviewed the issues raised in AAR's comments and addresses them below, along with any revisions made in response. The final rules in full are below. Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities In the NPR, the Board proposed to amend its USOA and Form R-1 by adding new general instructions and accounts to recognize changes in the fair value of certain security investments, items of other comprehensive income, derivative instruments, and hedging activities. Additionally, the Board proposed revising its USOA to reflect current accounting practices for business combinations by removing existing instructions for the pooling-of-interest method of accounting and requiring only the acquisition accounting methodology. The Board also sought comment on its proposal to revise the Form R-1 to include the new accounts and a new reporting schedule. No comments were filed in opposition to these proposals. Thus, the Board adopts such proposals here in the final rules. These changes will improve completeness and consistency of accounting and reporting. The addition of the proposed new accounts and related reporting requirements to the Form R-1 will reduce regulatory uncertainty as to the proper accounting and reporting for these items and minimize regulatory burden by reducing the potential differences in the manner in which certain amounts are reported to shareholders and to the Board. Finally, the reporting of derivative instruments and hedging activities by regulated carriers will assist the Board in its overall monitoring effort as well as its ability to assess railroad industry growth and financial stability. Elimination of, or Changes to, Certain Schedules The Board stated in the NPR that it had examined the current Form R-1 and determined that 15 of the 47 schedules were no longer used by the Board to perform regulatory and oversight functions. The Board, therefore, proposed to eliminate the following 15 schedules: 230 Capital Stock 339 Accrued Liability--Leased Property 340 Depreciation Base and Rates--Improvements to Road and Equipment Leased from Others 350 Depreciation Base and Rates--Road and Equipment Leased to Others 351 Accumulated Depreciation--Road and Equipment Leased to Others 416 Supporting Schedule--Road 418 Supporting Schedule--Capital Leases 460 Items in Selected Income and Retained Earnings Accounts for the Year 702 Miles of Road at Close of Year--By States and Territories (Single Track) 721 Ties Laid in Replacement 722 Ties Laid in Additional Tracks and in New Lines and Extensions 723 Rails Laid in Replacement 724 Rails Laid in Additional Tracks and in New Lines and Extensions 725 Weight of Rail 726 Summary of Track Replacements In its comments, AAR states that it supports the Board's proposal to eliminate these schedules from the Form R-1, with the exception of Schedule 702, Miles of Road at Close of Year-By States and Territories (Single Track). According to AAR, Schedule 702 should be retained because this schedule is used to calculate state tax rates in the Revenue Shortfall Allocation Method.\6\ --------------------------------------------------------------------------- \6\ The Revenue Shortfall Allocation Method is one of the three benchmarks used to determine the reasonableness of a challenged rate under the Board's Three Benchmark methodology. See Simplified Standards for Rail Rate Cases, EP 646 (Sub-No. 1) (STB served Sept. 5, 2007); Simplified Standards for Rail Rate Cases--Taxes in Revenue Shortfall Allocation Method, EP 646 (Sub-No. 2) (STB served Nov. 21, 2008). --------------------------------------------------------------------------- We agree with AAR that Schedule 702 should be retained. The Form R- 1 report, filed annually by Class I railroads, includes the mileage necessary to weight average state tax rates that are utilized in the Revenue Shortfall Allocation methodology.\7\ Therefore, Schedule 702 will be retained. --------------------------------------------------------------------------- \7\ See Annual Submission of Tax Info. for Use in Revenue Shortfall Allocation Method, EP 682, slip op. at 2 n.3 (STB served Feb. 26, 2010). --------------------------------------------------------------------------- In addition to the schedules proposed for elimination in the NPR, AAR requests, consistent with its comments previously filed in Improving Regulation & Regulatory Review, Docket No. EP 712, that the Board eliminate Schedule 220, Retained Earnings; Schedule 342, Accumulated Depreciation--Improvements to Road and Equipment Leased from Others; Schedule 501, Guarantees and Suretyships; and Schedule 502, Compensating Balances and Short-Term Borrowing Arrangements. AAR further requests that the Board eliminate Schedule 310, Investments and Advances Affiliated Companies and Schedule 310A, Investments in Common Stocks of Affiliated Companies. According to AAR, these schedules are unnecessary because they capture data that is neither used nor usable to support the Board's regulatory objectives. The Board will not adopt AAR's proposals to eliminate these other schedules. Schedule 220, Retained Earnings, will be retained because it is a significant financial disclosure for stakeholders interested in changes in the retained earnings account during the reporting period and gives important insight into the rail carrier's financial performance. Schedule 342, Accumulated Depreciation--Improvements to Road and Equipment Leased from Others, will be retained because it is used in the Board's Uniform Rail Costing System (URCS) and review of depreciation studies. In addition, eliminating Schedule 342 would limit the Board's ability to collect [[Page 19906]] sufficient detail for R-1 reporting regarding rail carriers' implementation of the updated GAAP standard for leases. Finally, Schedules 501 (Guarantees and Suretyships), 502 (Compensating Balances and Short-Term Borrowing Arrangements), 310 (Investments and Advances Affiliated Companies), and 310A (Investments in Common Stocks of Affiliated Companies), are currently used by the Board's Office of Economics in intercompany audits, as they provide detailed information related to the railroads' financial arrangements with affiliated companies and financial agreements with borrowers and lenders. Those schedules therefore will be retained. AAR further suggests, consistent with its comments in Improving Regulation and Regulatory Review, Docket No. EP 712, that the Board make certain changes to either conform Form R-1 schedules to GAAP or otherwise harmonize Form R-1 reporting requirements. In Schedule 210, Results of Operations, AAR suggests that the Board change the description in Line 41 from ``Amortization of Discount on Funded Debt,'' to ``Amortization of Premium or Discount on Funded Debt,'' to reflect that premium amortization is included in interest expenses. AAR also suggests removing Line 22 where amortization of premium on funded debt is currently reported. In Schedule 412, Way and Structures, AAR suggests adding a separate line for ``Shop Machinery'' to reconcile the amortization expenses and depreciation for road accounts required in Schedules 412 and 335, Accumulated Depreciation--Road and Equipment Owned and Used. For Schedule 415, Supporting Schedule--Equipment, AAR proposes that the Board combine owned and capitalized leases in the schedule and eliminate lines pertaining to ``Machinery'' because, according to AAR, this data is not in or supported by Schedule 410, Equipment Accounts. Finally, for Schedule 755, Railroad Operating Statistics, AAR suggests eliminating Line 89--Caboose Miles--due to the significant reduction in the use of cabooses by reporting rail carriers. While the Board will not adopt AAR's suggestions that the Board make certain other changes to either conform Form R-1 schedules to GAAP or otherwise harmonize Form R-1 reporting requirements, the Board will provide clarifying instructions with respect to one of AAR's proposals. First, we will not adopt AAR's requested changes to Schedule 210, Results of Operations. Although AAR's proposal would simplify the reporting presentation in the Form R-1, the Board's current practice of presenting premiums and discounts of funded debt separately is preferable because it allows for transparent financial reporting by showing both interest income and expense. Additionally, AAR's suggestion that the Board combine owned and capitalized leases in Schedule 415 (Supporting Schedule--Equipment) will not be adopted because this change would limit the Board's ability to collect sufficient detail for R-1 reporting regarding railroads' implementation of the updated GAAP standards for leases. This change would also require a modification in how Schedule 415 is inputted in URCS. In addition, although AAR suggests that lines pertaining to ``Machinery'' be eliminated in Schedule 415 because, according to AAR, such data is not in or supported by Schedule 410 (Equipment Accounts), the Board will not do so because Schedule 415, Lines 38-40 reconcile to Schedule 410, Lines 203, 222, and 306. In Schedule 755 (Railroad Operating Statistics), the Board will retain Line 89-Caboose Miles. While reporting carriers have been reducing the use of cabooses over time, a level of use still exists. Further, removing Line 89 would eliminate an operating statistic from the URCS calculation. While AAR suggests adding a separate line for ``Shop Machinery'' in Schedule 412 (Way and Structures) to reconcile the amortization expenses and depreciation for road accounts required in Schedules 412 (Way and Structures) and 335 (Accumulated Depreciation--Road and Equipment Owned and Used), the Board notes that Schedule 412 reports a railroad's fixed roadway facilities; ``Shop Machinery'' does not fall into such a category, but should be recorded in equipment accounts. The Board, however, will clarify instruction 4 in Schedule 412 to read as follows: ``Amortization adjustment of each road property type which is included in column (b) shall be repeated in column (d) as a debit or credit to the appropriate line item. The net adjustment on line 29 shall equal the adjustment reported on line 29 of Schedule 335, excluding Account 44, Shop Machinery.'' In sum, the final rules will eliminate the schedules previously identified in the NPR except for Schedule 702, Miles of Road at Close of Year-By States and Territories (Single Track), as discussed above. The Board will also clarify R-1 Schedule 412 instruction 4 as it pertains to the treatment of Shop Machinery. Instruction 2-15 As noted in the NPR, ASC 805 Business Combinations requires the use of the acquisition method of accounting for all business combinations. While this method of accounting has been standard practice in the accounting industry for some time, and the Board has already agreed that the acquisition method better reflects the investment made in an acquired entity and has affirmed the use of this treatment, the USOA has not been updated to incorporate the method.\8\ Thus, the NPR proposed to update the USOA to reflect this accounting treatment. --------------------------------------------------------------------------- \8\ See Western Coal Traffic League--Pet. for Declaratory Order, FD 35506, slip op at 6-17. --------------------------------------------------------------------------- In connection with that proposal, the Board specifically sought comment on the application of Instruction 2-15, paragraph (d) with respect to use of the pooling of interest method for transactions involving the acquisition and merger of property of subsidiaries in INSTRUCTIONS FOR PROPERTY ACCOUNTS. No comments were submitted regarding the treatment or application of Instruction 2-15, paragraph (d). Therefore, we will update Instruction 2-15, paragraph (d) to reflect the use of the acquisition accounting methodology and remove any reference or instruction pertaining to the pooling-of-interest methodology.\9\ --------------------------------------------------------------------------- \9\ We believe that removing references or instructions pertaining to the pooling-of-interest methodology in Instruction 2- 15, paragraph (d) directly follows from the NPR and the Board's adoption of the acquisition accounting methodology. It is also a logical outgrowth of the overall approach proposed in the NPR of shifting to the acquisition method of accounting for all business combinations. In proceedings governed by the rulemaking provisions of the Administrative Procedure Act, 5 U.S.C. 553, notice is sufficient if the final rule adopted by an agency is the logical outgrowth of the proposed rule on which it sought comment. See EC- MAC Motor Carriers Serv. Ass'n, SSM 118 (Sub-No. 2), slip op. at 3 (STB served Mar. 27, 2003) (citing Fertilizer Inst. v. EPA, 935 F.2d 1303, 1311 (D.C. Cir. 1991)). --------------------------------------------------------------------------- ASC 410 In response to the NPR, AAR also suggests that the Board adopt ASC 410, Asset Retirement and Environmental Obligations, which addresses financial accounting and reporting for obligations associated with the retirement of tangible long-lived assets and the associated asset retirement costs. AAR, however, does not explain why it believes ASC 410 should be adopted. The Board has already determined in an Accounting Series Circular served on June 11, 2003, and sent to all accounting officers of Class I railroads, that the Board would not adopt Financial Accounting Standard (FAS) 143, Accounting for Asset Retirement [[Page 19907]] Obligations, now codified as ASC 410, because to do so would be inconsistent with the Board's accounting rules.\10\ Nothing in AAR's comments suggests any reason for altering the Board's 2003 determination. Accordingly, we will not adopt ASC 410 as suggested by AAR. --------------------------------------------------------------------------- \10\ Surface Transportation Board, Office of Economics, Environmental Analysis and Administration, Accounting Series Circular No. 202 (2003). --------------------------------------------------------------------------- Periodic Review As noted above, 49 U.S.C. 11142 and 11161 require the Board to conform its accounting rules to GAAP ``[t]o the maximum extent practicable.'' Therefore, in keeping with this requirement, the Board will conduct a periodic review of its accounting standards not less than every five years. Paperwork Reduction Act In the NPR the Board sought comments pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3549, and Office of Management and Budget (OMB) regulations at 5 CFR 1320.11, regarding: (1) Whether the revisions to the collection of information proposed here are necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board's burden assessment; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burdens of the collections of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. Comments regarding the necessity, utility, and clarity of the information collection were received and are addressed above. No comments concerning the Board's burden estimates were received. The proposed collection was submitted to OMB for review as required under the PRA, 44 U.S.C. 3507(d), and 5 CFR 1320.11. OMB withheld approval pending submission of the final rule. We are today submitting the collection contained in this final rule to OMB for approval. Once approval is received, we will post a copy of the revised Form R-1 on the Board's Web site. Unless renewed, OMB approval of this collection expires three years after the date that OMB approves the collection. Regulatory Flexibility Act Statement The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, generally requires a description and analysis of new rules that would have a significant economic impact on a substantial number of small entities. In drafting a rule, an agency is required to: (1) Assess the effect that its regulation will have on small entities; (2) analyze effective alternatives that may minimize a regulation's impact; and (3) make the analysis available for public comment. 5 U.S.C. 601-604. Under Sec. 605(b), an agency is not required to perform an initial or final regulatory flexibility analysis if it certifies that the proposed or final rules will not have a ``significant impact on a substantial number of small entities.'' Because the goal of the RFA is to reduce the cost to small entities of complying with federal regulations, the RFA requires an agency to perform a regulatory flexibility analysis of small entity impacts only when a rule directly regulates those entities. In other words, the impact must be a direct impact on small entities ``whose conduct is circumscribed or mandated'' by the proposed rule. White Eagle Coop. Ass'n v. Conner, 553 F.3d 467, 478, 480 (7th Cir. 2009). An agency has no obligation to conduct a small entity impact analysis of effects on entities that it does not regulate. United Distrib. Cos. v. FERC, 88 F.3d 1105, 1170 (D.C. Cir. 1996). The rule changes adopted here will not have a significant economic impact upon a substantial number of small entities, within the meaning of the RFA. The reporting requirements are applicable only to entities that are required to file Form R-1 reports, i.e., the Class I carriers. 49 CFR 1241.1. Class I carriers are large railroads; accordingly, there will be no impact on small railroads (small entities).\11\ Therefore, the Board certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities within the meaning of the RFA. --------------------------------------------------------------------------- \11\ Class I carriers generally do not fall under the definition of a ``small rail carrier'' as defined by the Small Business Administration (SBA). The SBA's Office of Size Standards has established a size standard for rail transportation, pursuant to which a ``line-haul railroad'' is considered small if its number of employees is 1,500 or less, and a ``short line railroad'' is considered small if its number of employees is 500 or less. 13 CFR 121.201 (industry subsector 482). Authority: 49 U.S.C. 11142 and 11164. List of Subjects in 49 CFR Part 1201. Railroads, Uniform System of Accounts. It is ordered: 1. The final rules set forth below are adopted and will be effective on May 6, 2016. Notice of the rules adopted here will be published in the Federal Register. 2. This decision is effective on the date of service. Decided: March 30, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Tia Delano, Clearance Clerk. For the reasons set forth in the preamble, the Surface Transportation Board is amending part 1201 of title 49, chapter X, of the Code of Federal Regulations as follows: PART 1201--RAILROAD COMPANIES 0 The authority citation for part 1201 continues to read as follows: Authority: 49 U.S.C. 11142 and 11164. Subpart A--Uniform System of Accounts 0 2. Amend Regulations Prescribed by revising paragraph (ii), item 16(c), to read as follows: List of Instructions and Accounts REGULATIONS PRESCRIBED * * * * * (ii) * * * 16. * * * (c) Cost, as applied to a marketable equity security, refers to the original cost as adjusted for unrealized holding gains and losses. * * * * * 0 3. Amend General Instructions by adding instructions 1-19 and 1-20, to read as follows: GENERAL INSTRUCTIONS * * * * * 1-19 Accounting for Other Comprehensive Income. (a) Railroads will record items of Other Comprehensive Income in account 799.1, Other comprehensive income. Amounts included in this account will be maintained by each category of Other Comprehensive Income. Examples of categories of Other Comprehensive Income include foreign currency items, minimum pension liability adjustments, unrealized gains and losses on available-for-sale type securities and cash-flow hedge amounts. (b) Supporting records will be maintained for account 799 so that the company can readily identify the cumulative amount of Other Comprehensive Income for each item included in this account. (c) When an item of Other Comprehensive Income enters into the determination of earnings in the current or subsequent periods, a reclassification adjustment will be recorded in account 799 to avoid double counting of when [[Page 19908]] an item included in net income was also included in Other Comprehensive Income in the same or prior period. 1-20 Accounting for derivative instruments and hedging activities. (a) A carrier will recognize derivative instruments as either assets or liabilities in the financial statements and measure those instruments at fair value. A derivative instrument is a financial instrument or other contract with all three of the following characteristics: (1) The derivative instrument has one or more underlyings and a notional amount or payment provision. Those terms determine the amount of the settlement or settlements, and, in some cases, whether or not a settlement is required. (2) The derivative instrument requires no initial net investment or an initial net investment that is smaller than would be required for other types of contracts that would be expected to have similar responses to changes in market factors. (3) The derivative instrument's terms require or permit net settlement; the derivative instrument can readily be settled net by a means outside the contract; or the derivative instrument's terms provide for delivery of an asset that puts the recipient in a position not substantially different from net settlement. (b) The accounting for the changes in the fair value of derivative instruments depends upon their intended use and designation. Changes in the fair value of derivative instruments not designated as fair value or cash flow hedges will be recorded in account 713.5, Derivative instrument assets, or account 763.5, Derivative instrument liabilities, as appropriate, with the gains or losses charged to earnings in account 551, Miscellaneous income charges. (c) A derivative instrument may be specifically designated as a fair-value or cash-flow hedge. A hedge may be used to manage risk to price, interest rates, or foreign currency transactions. An entity will maintain documentation of the hedge relationship at the inception of the hedge that details the risk management objective and strategy for undertaking the hedge, the nature of the risk being hedged, and how hedge effectiveness will be determined. (d) If the carrier designates the derivative instrument as a fair- value hedge against exposure to changes in the fair value of a recognized asset, liability, or a firm commitment, it will record the change in fair value of the derivative instrument designated as a fair- value hedge to account 713.6, Derivative instruments assets--hedges, or account 763.6, Derivative instrument liabilities--hedges, as appropriate, with a corresponding adjustment to the sub-account of the item being hedged. The ineffective portion of the hedge transaction will be reflected in the same income or expense account that would have been used if the hedged item had been disposed of or settled. In the case of a fair-value hedge of a firm commitment, a new asset or liability is created. As a result of the hedge relationship, the new asset or liability will become part of the carrying amount of the item being hedged. (e) If the carrier designates the derivative instrument as a cash- flow hedge against exposure to variable cash flows of a probable forecasted transaction, it will record changes in the fair value of the derivative instrument in account 713.6, Derivative instrument assets-- hedges, or account 763.6, Derivative instrument liabilities--hedges, as appropriate, with a corresponding amount in account 799.1, Other comprehensive income, for the effective portion of the hedge. The ineffective portion of the hedge transaction will be reflected in the same income or expense account that would have been used if the hedged item had been disposed of or settled. Amounts recorded in Other Comprehensive Income will be reclassified into earnings in the same period or periods that the hedged forecasted item affects earnings. 0 4. Amend Instructions For Property Accounts by: 0 a. Revising paragraph (a) in Instruction 2-15; 0 b. Removing paragraph (b) in Instruction 2-15; 0 c. Redesignating paragraph (c) as paragraph (b) in Instruction 2-15; 0 d. Revising the newly designated paragraph (b) in Instruction 2-15; 0 e. Redesignating paragraph (d) as paragraph (c) in Instruction 2-15; and 0 f. Revising the newly designated paragraph (c) in Instruction 2-15. The revisions read as follows: INSTRUCTIONS FOR PROPERTY ACCOUNTS * * * * * 2-15 * * * (a) When a railway or portion thereof constituting an operating unit or system is acquired in a business combination, that business combination shall be recorded in the accounts in the manner stated hereunder. (b) Purchase: (1) The amount includable in account 731, Road and equipment property, shall be the cost at the date of acquisition to the purchaser of the transportation property acquired. The cost assigned the property, as well as other assets acquired, shall be the amount of the cost consideration given. Where property and other assets are acquired for other than cash, including liabilities assumed and shares of stock issued, cost shall be determined by either the fair value of the consideration given or the fair value of the assets acquired, whichever is more clearly evident. In addition to any liabilities assumed, provision shall be made for such estimated liabilities as may be necessary. (2) When the costs of individual units or classes of transportation property are not specified in the agreement, the cost assigned such property shall be apportioned among the appropriate primary accounts using the percentage relationship between the fair values for each class of property acquired and the total of such values. (c) Merger of subsidiaries: The acquisition and merger of property of subsidiaries controlled through ownership of the majority shares of voting stock is to be accounted for using the acquisition accounting methodology. 0 5. Amend Instructions For Income And Balance Sheet Accounts by revising Instruction 5-2, paragraph (a), items (2), (3), and (4) to read as follows: INSTRUCTIONS FOR INCOME AND BALANCE SHEET ACCOUNTS * * * * * 5-2 * * * (a) * * * (2) Account 702, Temporary cash investments, account 721, Investments and advances; affiliated companies, and account 722, Other investments and advances, shall be maintained in such a manner as to reflect the marketable equity portion (see definition 26) and other securities or investments. (3) For the purpose of determining net ledger value, the marketable equity securities in account 702 shall be considered the current portfolio and the marketable equity securities in accounts 721 and 722 (combined) shall be considered the noncurrent portfolio. (4) Carriers will categorize their security investments as held-to- maturity, trading, or available-for-sale. Unrealized holding gains and losses on trading type investment securities will be recorded in account 551, Miscellaneous income charges. Unrealized holding gains and losses on available-for-sale type investment securities will be recorded in account 799.1, Other comprehensive income. * * * * * 0 6. Amend Income Accounts--Ordinary Items by adding a sentence at the end of the list of inclusions for [[Page 19909]] account 551 ``Miscellaneous income charges,'' paragraph (a) to read as follows: INCOME ACCOUNTS Ordinary Items * * * * * 551 Miscellaneous income charges. (a) * * * Unrealized holding gains and losses on trading type investment securities. * * * * * 0 7. Amend General Balance Sheet Accounts Explanations--Assets, Current Assets by: 0 a. Adding a sentence to the end of the first paragraph in account 702 ``Temporary cash investment''; 0 b. Adding accounts 713.5 ``Derivative instrument assets'' and 713.6 ``Derivative instrument assets-hedges.'' The additions read as follows: GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Assets Current Assets * * * * * 702 Temporary cash investments. * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. * * * * * 713.5 Derivative instrument assets. This account shall include the amounts paid for derivative instruments, and the change in the fair value of all derivative instrument assets not designated as cash-flow or fair-value hedges. Account 551, Miscellaneous income charges, will be charged with the corresponding amount of the change in the fair value of the derivative instrument. 713.6 Derivative instrument assets--hedges. (a) This account shall include the amounts paid for derivative instruments, and the change in the fair value of derivative instrument assets designated by the carrier as cash-flow or fair-value hedges. (b) When a carrier designates a derivative instrument asset as a cash-flow hedge, it will record the change in the fair value of the derivative instrument in this account with a concurrent charge to account 799.1, Other comprehensive income, with the effective portion of the derivative's gain or loss. The ineffective portion of the cash- flow hedge will be charged to the same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. (c) When a carrier designates a derivative instrument as a fair- value hedge, it will record the change in the fair value of the derivative instrument in this account with a concurrent charge to a sub-account of the asset or liability that carries the item being hedged. The ineffective portion of the fair-value hedge will be charged to the same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. * * * * * 0 8. Amend General Balance Sheet Accounts Explanations--Assets, Special Funds by: 0 a. In account 715 ``Sinking funds,'' adding two sentences to the end of paragraph (b); 0 b. In account 716 ``Capital funds,'' adding a sentence to the end of paragraph (a); and 0 c. In account 717 ``Other funds,'' adding Note E. The additions read as follows: GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Assets Special Funds 715 Sinking funds. * * * * * (b) * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. The cash value of life insurance policies on the lives of employees and officers to the extent that the carrier is the beneficiary of such policies shall also be included in this account. * * * * * 716 Capital funds. (a) * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. * * * * * 717 Other funds. * * * * * Note E: This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. 0 9. Amend General Balance Sheet Accounts Explanations--Assets, Investments by: 0 a. In account 722 ``Other investments and advances,'' adding two sentences to the end of paragraph (a); and 0 b. Removing account 724 ``Allowance for net unrealized loss on noncurrent marketable equity securities--Cr.'' The addition reads as follows: GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Assets Investments * * * * * 722 Other investments and advances. (a) * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. Include also the offsetting entry to the recording of amortization of discount or premium on interest bearing investments. * * * * * 0 10. Amend General Balance Sheet Accounts Explanations--Liabilities and Shareholders' Equity, Current Liabilities by adding accounts 763.5 ``Derivative instrument liabilities'' and 763.6 ``Derivative instrument liabilities-hedges'', to read as follows: GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Liabilities and Shareholders' Equity Current Liabilities * * * * * 763.5 Derivative instrument liabilities. This account shall include the change in the fair value of all derivative instrument liabilities not designated as cash-flow or fair- value hedges. Account 551, Miscellaneous income charges, will be charged with the corresponding amount of the change in the fair value of the derivative instrument. 763.6 Derivative instrument liabilities--hedges. (a) This account shall include the change in the fair value of derivative instrument liabilities designated by the carrier as cash- flow or fair-value hedges. (b) A carrier will record the change in the fair value of a derivative instrument liability related to a cash-flow hedge in this account, with a concurrent charge to account 799.1, Other comprehensive income, with the effective portion of the derivative instrument's gain or loss. The ineffective portion of the cash-flow hedge will be charged to the same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. (c) A carrier will record the change in the fair value of a derivative instrument liability related to a fair-value hedge in this account, with a concurrent charge to a sub-account of the asset or liability [[Page 19910]] that carries the item being hedged. The ineffective portion of the fair-value hedge will be charged to the same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. * * * * * 0 11. Amend General Balance Sheet Accounts Explanations--Liabilities and Shareholders' Equity, Shareholders' Equity by: 0 a. Removing account 798.1 ``Net unrealized loss on noncurrent marketable securities''; and 0 b. Adding account 799 ``Accumulated Other Comprehensive Income.'' The addition reads as follows: GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Liabilities and Shareholders' Equity Shareholders' Equity * * * * * 799 Accumulated Other Comprehensive Income. (a) This account shall include revenues, expenses, gains, and losses that are properly includable in Other Comprehensive Income during the period. Examples of items of Other Comprehensive Income include foreign currency items, minimum pension liability adjustments, unrealized gains and losses on certain investments in debt and equity securities, and cash-flow hedges. Records supporting the entries to this account shall be maintained so that the carrier can furnish the amount of Other Comprehensive Income for each item included in this account. (b) This account shall also be debited or credited, as appropriate, with amounts of accumulated Other Comprehensive Income that have been included in the determination of net income during the period and in accumulated Other Comprehensive Income in prior periods. Separate records for each category of items will be maintained to identify the amount of the reclassification adjustments from accumulated Other Comprehensive Income to earnings made during the period. 0 12. Revise Form of General Balance Sheet Statement to read as follows: Form of General Balance Sheet Statement The classified form of general balance sheet statement is designed to show the financial condition of the accounting company at any specified date. Assets ------------------------------------------------------------------------ ------------------------------------------------------------------------- Current assets: 701. Cash. 702. Temporary cash investments. 703. Special deposits. 704. Loans and notes receivable. 705. Accounts receivable; Interline and other balances. 706. Accounts receivable; Customers. 707. Accounts receivable; Other. 708. Interest and dividends receivable. 708.5. Receivables from affiliated companies. 709. Accrued accounts receivable. 709.5. Allowance for uncollectible accounts. Net receivables. 710. Working funds. 711. Prepayments. 712. Material and supplies. 713. Other current assets. 713.5 Derivative instrument assets. 713.6 Derivative instrument assets-hedges. 714. Deferred income tax debits. Total current assets. Special funds: 715. Sinking funds. 716. Capital funds. 717. Other funds. Total special funds. Investments: 721. Investments and advances; affiliated companies. Undistributed earnings from certain investments in account 751. 721.5. Adjustments; investments and advances--affiliated companies. Net--investments and advances--affiliated companies. 722. Other investments and advances. 723. Adjustments; Other investments and advances. Net--other investments and advances. Total investments. Tangible property: 731. Road and equipment property. 735. Accumulated depreciation; Road and equipment property. 736. Accumulated amortization; Road and equipment property--Defense projects. Net road and equipment property. 732. Improvements on leased property. 733. Accumulated depreciation; Improvements on leased property. 734. Accumulated amortization; Improvements on leased property-- Defense projects. Net improvements on leased property. Total carrier property. 737. Property used in other than carrier operations. 738. Accumulated depreciation; Property used in other than carrier operations. Net--property used in other than carrier operations. Total tangible property. Intangible property: 739. Organization expenses. Other assets and deferred debits: 741. Other assets. 743. Other deferred debits. 744. Accumulated deferred income tax debits. Total other assets and deferred debits. Total assets. Liabilities and Shareholders' Equity Current liabilities: 751. Loans and notes payable. 752. Accounts payable; Interline and other balances. 753. Audited accounts and wages payable. 754. Accounts payable; Other. 755. Interest payable. 756. Dividends payable. 757. Payables to affiliated companies. 759. Accrued accounts payable. 760. Federal income taxes accrued. 761. State and other income taxes accrued. 761.5. Other taxes accrued. 762. Deferred income tax credits. 763. Other current liabilities. 763.5 Derivative instrument liabilities. 763.6 Derivative instrument liabilities--hedges. 764. Equipment obligations and other long-term debt due within one year. Total current liabilities. Long-term debt due after one year: \1\ 765. Funded debt unmatured. 766. Equipment obligations. 766.5. Capitalized lease obligations. 767. Receivers' and trustees' securities. 768. Debt in default. 769. Accounts payable; Affiliated companies. 770.1 Unamortized debt discount. 770.2 Unamortized premium on debt. Total long-term debt due after one year. Other long-term liabilities: 771. Accrued liability; Pension and welfare. 772. Accrued liability; Leased property. 774. Accrued liability; Casualty and other claims. 775. Other accrued liabilities. 781. Interest in default. 782. Other liabilities. Total other long-term liabilities. Deferred credits: 783. Deferred revenues--transfers from government authorities. 784. Other deferred credits. 786. Accumulated deferred income tax credits. Total deferred credits. Shareholders' equity: Capital stock: 791. Capital stock. 792. Liability for conversion of capital stock. 793. Discount on capital stock. Total capital stock. Additional capital: 794. Premiums and assessments on capital stock. 795. Other capital. Total additional capital. Retained earnings: 797. Retained earnings; Appropriated. 798. Retained earnings; Unappropriated. Total retained earnings. 798.5 Treasury stock. 799. Accumulated Other Comprehensive Income. [[Page 19911]] Total shareholders' equity. Total liabilities and shareholders' equity. ------------------------------------------------------------------------ \1\ To be divided as to ``Total issued'' and ``Held by or for company.'' 0 13. Amend Conversion Tables by revising General Balance Sheet Accounts Conversion Table to read as follows: CONVERSION TABLES * * * * * General Balance Sheet Accounts Conversion Table ---------------------------------------------------------------------------------------------------------------- System of accounts eff. prior to April 2016 System of accounts eff. April 2016 ---------------------------------------------------------------------------------------------------------------- Account title No. No. Account title ---------------------------------------------------------------------------------------------------------------- Cash....................................... 701 701 Cash. Temporary cash investments................. 702 702 Temporary cash investments. Special deposits........................... 703 703 Special deposits. Loans and notes receivable................. 704 704 Loans and notes receivable. 708.5 Receivables from affiliated companies. 709.5 Allowance for uncollectible accounts. Traffic, car service and other balances--dr 705 705 Accounts receivable; interline and other balances. 709.5 Allowances for uncollectible accounts. 752 Accounts payable; interline and other balances. Net balance receivable from agents and 706 706 Accounts receivable; customers. conductors. Miscellaneous accounts receivable.......... 707 707 Accounts receivable; other. 708.5 Receivables from affiliated companies. 709.5 Allowance for uncollectible accounts. Interest and dividends receivable.......... 708 708 Interest and dividends receivable. 708.5 Receivables from affiliated companies. 709.5 Allowance for uncollectible accounts. Accrued accounts receivable................ 709 709 Accrued accounts receivable. Working fund advances...................... 710 710 Working funds. Prepayments................................ 711 711 Prepayments. Material and supplies...................... 712 712 Material and supplies. Other current assets....................... 713 713 Other current assets. 713.5 Derivative instrument assets. 713.6 Derivative instrument assets-- hedges. Deferred income tax charges................ 714 714 Deferred income tax debits. Sinking funds.............................. 715 715 Sinking funds. Capital and other reserve funds............ 716 716 Capital funds. Insurance and other funds.................. 717 717 Other funds. Investment in affiliated companies......... 721 721 Investments and advances; affiliated companies. Other investments.......................... 722 722 Other investments and advances. Reserve for adjustment of investment in 723 721.5 Adjustments; investments and securities--cr. advances--affiliated companies. 723 Adjustments; other investments and advances. Road and equipment property................ 731 731 Road and equipment property. Organization expenses...................... 71 739 Organization expenses. Improvements on leased property............ 732 732 Improvements on leased property. Accrued depreciation; improvements on 733 733 Accumulated depreciation; leased property. improvements on leased property. Accrued depreciation; road and equipment... 735 735 Accumulated depreciation; road and equipment property. Amortization of defense projects; road and 736 736 Accumulated amortization; road and equipment. equipment property--defense projects. 734 Accumulated amortization; improvements on leased property-- defense projects. Miscellaneous physical property............ 737 737 Property used in other than carrier operations. Accrued depreciation; miscellaneous 738 738 Accumulated depreciation; property physical property. used in other than carrier operations. Other assets............................... 741 741 Other assets. Unamortized discount on long-term debt..... 770.1 770.1 Unamortized debt discount. Other deferred charges..................... 743 743 Other deferred debits. Accumulated deferred income tax charges.... 744 744 Accumulated deferred income tax debits. ---------------------------------------------------------------------------------------------------------------- Liabilities ---------------------------------------------------------------------------------------------------------------- Loans and notes payable.................... 751 751 Loans and notes payable. 757 Payables to affiliated companies. Traffic, car service and other balances--cr 752 752 Accounts payable; interline and other balances. 705 Accounts receivable; interline and other balances. 709.5 Allowance for uncollectible accounts. Audited accounts and wages payable......... 753 753 Audited accounts and wages payable. Miscellaneous accounts payable............. 754 754 Accounts payable; other. 757 Payables to affiliated companies. [[Page 19912]] Interest matured unpaid.................... 755 755 Interest payable. 757 Payables to affiliated companies. Dividends matured unpaid................... 756 756 Dividends payable. 757 Payables to affiliated companies. Unmatured interest accrued................. 757 755 Interest payable. 757 Payables to affiliated companies. Unmatured dividends declared............... 758 756 Dividends payable. 757 Payables to affiliated companies. Accrued accounts payable................... 759 759 Accrued accounts payable. Federal income taxes accrued............... 760 760 Federal income taxes accrued. Other taxes accrued........................ 761 711 Prepayments. 761 State and other income taxes accrued. 761.5 Other taxes accrued. Deferred income tax credits................ 762 762 Deferred income tax credits. Other current liabilities.................. 763 763 Other current liabilities. 763.5 Derivative instrument liabilities 763.6 Derivative instrument liabilities-- hedges Equipment obligations and other debt due 764 764 Equipment obligations and other within one year. long-term debt due within 1 year. Funded debt unmatured...................... 765 765 Funded debt unmatured. Equipment obligations...................... 766 766 Equipment obligations. Capitalized lease obligations.............. 766.5 766.5 Capitalized lease obligations. Receivers' and trustees' securities........ 767 767 Receivers' and trustees' securities. Debt in default............................ 768 768 Debt in default. Amounts payable to affiliated companies.... 769 769 Accounts payable; affiliated companies. Pension and welfare reserves............... 771 771 Accrued liability; pension and welfare. Casualty and other reserves................ 774 774 Accrued liability; casualty and other claims. 775 Other accrued liabilities. Interest in default........................ 781 781 Interest in default. Other liabilities.......................... 782 782 Other liabilities. Deferred revenues--transfers from 783 783 Deferred revenues--transfers from government authorities.. government authorities Unamortized premium on long-term debt...... 790.2 770.2 Unamortized premium on debt. Other deferred credits..................... 784 784 Other deferred credits. Accrued liability; leased property......... 785 772 Accrued liability; leased property. Accumulated deferred income tax credits.... 786 786 Accumulated deferred income tax credits. ---------------------------------------------------------------------------------------------------------------- Shareholders' Equity ---------------------------------------------------------------------------------------------------------------- Capital stock issued....................... 791 791 Capital stock. Stock liability for conversion............. 792 792 Liability for conversion of capital stock. Discount on capital stock.................. 793 793 Discount on capital stock. Premiums and assessment on capital stock... 794 794 Premiums and assessments on capital stock. Paid-in surplus............................ 795 795 Other capital. Other capital surplus...................... 796 795 Do. Retained income; appropriated.............. 797 797 Retained earnings; appropriated. Retained income; unappropriated............ 798 798 Retained earnings; unappropriated. Treasury stock............................. 798.5 798.5 Treasury stock. 799 Accumulated Other Comprehensive Income. ---------------------------------------------------------------------------------------------------------------- Note: The following appendix will not appear in the Code of Federal Regulations. BILLING CODE 4915-01-P [[Page 19913]] [GRAPHIC] [TIFF OMITTED] TR06AP16.012 [[Page 19914]] [GRAPHIC] [TIFF OMITTED] TR06AP16.013 [[Page 19915]] [GRAPHIC] [TIFF OMITTED] TR06AP16.014 [[Page 19916]] [GRAPHIC] [TIFF OMITTED] TR06AP16.015 [[Page 19917]] [GRAPHIC] [TIFF OMITTED] TR06AP16.016 [[Page 19918]] [GRAPHIC] [TIFF OMITTED] TR06AP16.017 [[Page 19919]] [GRAPHIC] [TIFF OMITTED] TR06AP16.018 [[Page 19920]] [GRAPHIC] [TIFF OMITTED] TR06AP16.019 [[Page 19921]] [GRAPHIC] [TIFF OMITTED] TR06AP16.020 [[Page 19922]] [GRAPHIC] [TIFF OMITTED] TR06AP16.021 [FR Doc. 2016-07759 Filed 4-5-16; 8:45 am] BILLING CODE 4915-01-P
![19904 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations
seats in front of them or result in high to the bus rear wall is problematic. U.S.C. 11161, to maintain cost
injury values, it suggests that the Regardless, we emphasize that the accounting rules for rail carriers.1
dynamic loading was sufficient to cause petitioners have not shown that there Sections 11142 and 11161 both require
partial failure of the torso anchorage will be a weight penalty for seat belt the Board to conform its accounting
hardware without any loading from anchorages integrated into the vehicle rules to GAAP ‘‘[t]o the maximum
dummies in the row behind. Thus, the structure. The increased flexibility of extent practicable.’’ The USOA is set
agency is concerned that any reduction attachment to the vehicle rather than the forth in the Board’s regulations at 49
in the seat belt loading below the seat has expanded the opportunity for CFR part 1201—Subpart A. The USOA
FMVSS No. 210 level may reduce the efficient, innovative and practicable is used by the Class I Railroads 2 to
torso anchorage strength to an designs for manufacturers choosing to comply with their statutory requirement
unacceptable level. attach the belts to the vehicle structure. to provide the Board an annual report,
In addition, data indicate that the last For the reasons stated above, NHTSA known as the R–1 report, that contains
row of seats may be subject to loading hereby denies all petitions for information about their finances and
unique to the rear of the bus. The reconsideration of the November 25, operating statistics. 49 U.S.C.
vehicle accelerometer data from the full 2013 final rule amending FMVSS No. 11145(b)(1) and 49 CFR 1241.11.
scale crash test were suggestive of 208. In a notice of proposed rulemaking
forward flexing and dynamic rebound Authority: 49 U.S.C. 322, 30111, 30115,
served on July 8, 2015 (NPR), the Board
near the rear wall of the passenger 30117 and 30166; delegation of authority at proposed to make a number of changes
compartment, compared to the front of 49 CFR 1.95. to the USOA. First, the Board noted that
the passenger compartment.9 The static the existing USOA does not specifically
Issued on: March 31, 2016.
FMVSS No. 210 test cannot account for address the proper accounting and
the dynamic forward displacement and Raymond R. Posten, reporting for changes in the fair value of
rebound of the vehicle structure to Associate Administrator for Rulemaking. certain security investments, derivative
which the seat or seat belt may be [FR Doc. 2016–07828 Filed 4–5–16; 8:45 am] instruments, and hedging activities, nor
anchored and any weakening of the BILLING CODE P does it contain specific accounts to
attachments that may result from such record amounts related to items of Other
dynamic phenomena. Thus, reducing Comprehensive Income or provide a
the anchorage strength requirements for SURFACE TRANSPORTATION BOARD format to display comprehensive
this last row of seats may set strength income in the Form R–1. Without
levels below an acceptable level for a 49 CFR Part 1201 specific instructions and accounts for
dynamic environment. [Docket No. EP 720] recording and reporting these
In its petition, Prevost states that transactions and events, inconsistent
reducing the strength requirement of Accounting and Reporting of Business and incomplete accounting would
FMVSS No. 210 for last row seats would Combinations, Security Investments, result. Thus, the Board proposed to
result in a weight reduction and fuel Comprehensive Income, Derivative amend its USOA and Form R–1 to
savings. The agency is not convinced Instruments, and Hedging Activities account for those types of transactions
that there would be a significant weight and events. Specifically, the Board
AGENCY: Surface Transportation Board.
reduction or fuel savings. Prevost did proposed updating the USOA to provide
not provide information substantiating ACTION: Final rule.
for: (1) Fair value presentation of certain
its claims, such as data on the thickness SUMMARY: The Surface Transportation security investments, derivative
changes to the metal bulkhead (for Board (STB or Board) is adopting final instruments, and hedging activities; and
example) required to secure seat belts rules that update the accounting and (2) presentation of comprehensive
designed to comply with the FMVSS reporting requirements in its Uniform income and components of other
No. 210 requirements compared to System of Accounts (USOA) for Class I comprehensive income.
current designs. Railroads so that they are more The Board proposed these revisions
Further, the final rule permits—rather consistent with current generally based on the GAAP promulgated by the
than requires—manufacturers to attach accepted accounting principles (GAAP). Financial Accounting Standards Board
the seat belts to the vehicle structure for The Board is also revising the schedules (FASB) 3 in the following Accounting
last-row seats. In the final rule, NHTSA and instructions for the Annual Report
stated that ‘‘[l]ap/shoulder belt for Class I Railroads (R–1 or Form R–1) 1 The Board has broad economic oversight of
equipped seats that meet the to better meet regulatory requirements railroads, 49 U.S.C. 10101–11908, and prescribes a
requirements of FMVSS No. 210 are uniform accounting system for rail carriers to use
and industry needs. for regulatory purposes, 49 U.S.C. 11141–43,
available in the U.S. that are equivalent 11161–64; 49 CFR parts 1200–1201. In addition, the
DATES: This rule is effective on May 6,
in weight to the European seats.’’ (78 FR Board requires Class I railroads to submit quarterly
2016.
at 70460.) We concluded that, and annual reports containing financial and
depending on the efficiency of the FOR FURTHER INFORMATION CONTACT: operating statistics, including employment and
structural design, there would be little Pedro Ramirez at (202) 245–0333. traffic data. 49 U.S.C. 11145; 49 CFR 1241–1246,
Assistance for the hearing impaired is 1248.
or no weight penalty associated with the 2 The Board designates three classes of freight
structural changes needed to meet available through the Federal railroads based upon their operating revenues, for
FMVSS No. 210. Thus, the petitioner Information Relay Service (FIRS) at 1– three consecutive years, in 1991 dollars, using the
could use the integrated seat belt design 800–877–8339. following scale: Class I—$250 million or more;
asabaliauskas on DSK3SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION: The Class II—less than $250 million but more than $20
for the last row seats if attaching the belt million; and Class III—$20 million or less. These
Interstate Commerce Act, as amended operating revenue thresholds are adjusted annually
9 The maximum dynamic deflection near the front by the ICC Termination Act of 1995 for inflation. 49 CFR pt. 1201, 1–1. Adjusted for
of the passenger compartment was 1,727 mm (68 (ICCTA), Public Law 104–88, 109 Stat. inflation, the revenue threshold for a Class I rail
inches) and the maximum dynamic displacement 803, authorizes the Board, in 49 U.S.C. carrier using 2014 data is $475,754,803. Today,
near the rear wall was 1,930 mm (76 inches). The there are seven Class I carriers.
rear wall separates the engine compartment in large
11142, to prescribe a uniform 3 FASB is a private, non-profit organization
over-the-road buses and in other buses from the accounting system for rail carriers responsible for setting accounting standards for
cargo compartment. subject to our jurisdiction and, in 49 public companies in the United States.
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![Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19907
Obligations, now codified as ASC 410, number of small entities. In drafting a Decided: March 30, 2016.
because to do so would be inconsistent rule, an agency is required to: (1) Assess By the Board, Chairman Elliott, Vice
with the Board’s accounting rules.10 the effect that its regulation will have on Chairman Miller, and Commissioner
Nothing in AAR’s comments suggests small entities; (2) analyze effective Begeman.
any reason for altering the Board’s 2003 alternatives that may minimize a Tia Delano,
determination. Accordingly, we will not regulation’s impact; and (3) make the Clearance Clerk.
adopt ASC 410 as suggested by AAR. analysis available for public comment. 5 For the reasons set forth in the
U.S.C. 601–604. Under § 605(b), an preamble, the Surface Transportation
Periodic Review
agency is not required to perform an Board is amending part 1201 of title 49,
As noted above, 49 U.S.C. 11142 and initial or final regulatory flexibility
11161 require the Board to conform its chapter X, of the Code of Federal
analysis if it certifies that the proposed Regulations as follows:
accounting rules to GAAP ‘‘[t]o the or final rules will not have a ‘‘significant
maximum extent practicable.’’ impact on a substantial number of small PART 1201—RAILROAD COMPANIES
Therefore, in keeping with this entities.’’
requirement, the Board will conduct a Because the goal of the RFA is to ■ The authority citation for part 1201
periodic review of its accounting reduce the cost to small entities of continues to read as follows:
standards not less than every five years. complying with federal regulations, the
RFA requires an agency to perform a Authority: 49 U.S.C. 11142 and 11164.
Paperwork Reduction Act
regulatory flexibility analysis of small
In the NPR the Board sought Subpart A—Uniform System of
entity impacts only when a rule directly
comments pursuant to the Paperwork Accounts
regulates those entities. In other words,
Reduction Act (PRA), 44 U.S.C. 3501– the impact must be a direct impact on
3549, and Office of Management and ■ 2. Amend Regulations Prescribed by
small entities ‘‘whose conduct is
Budget (OMB) regulations at 5 CFR revising paragraph (ii), item 16(c), to
circumscribed or mandated’’ by the
1320.11, regarding: (1) Whether the read as follows:
proposed rule. White Eagle Coop. Ass’n
revisions to the collection of v. Conner, 553 F.3d 467, 478, 480 (7th List of Instructions and Accounts
information proposed here are necessary Cir. 2009). An agency has no obligation
for the proper performance of the REGULATIONS PRESCRIBED
to conduct a small entity impact
functions of the Board, including analysis of effects on entities that it does * * * * *
whether the collection has practical not regulate. United Distrib. Cos. v. (ii) * * *
utility; (2) the accuracy of the Board’s FERC, 88 F.3d 1105, 1170 (D.C. Cir.
burden assessment; (3) ways to enhance 16. * * *
1996).
the quality, utility, and clarity of the The rule changes adopted here will (c) Cost, as applied to a marketable
information collected; and (4) ways to not have a significant economic impact equity security, refers to the original
minimize the burdens of the collections upon a substantial number of small cost as adjusted for unrealized holding
of information on the respondents, entities, within the meaning of the RFA. gains and losses.
including the use of automated The reporting requirements are * * * * *
collection techniques or other forms of applicable only to entities that are ■ 3. Amend General Instructions by
information technology, when required to file Form R–1 reports, i.e., adding instructions 1–19 and 1–20, to
appropriate. Comments regarding the the Class I carriers. 49 CFR 1241.1. Class read as follows:
necessity, utility, and clarity of the I carriers are large railroads;
information collection were received accordingly, there will be no impact on GENERAL INSTRUCTIONS
and are addressed above. No comments small railroads (small entities).11 * * * * *
concerning the Board’s burden estimates Therefore, the Board certifies under 5 1–19 Accounting for Other
were received. U.S.C. 605(b) that this rule will not have Comprehensive Income. (a) Railroads
The proposed collection was a significant economic impact on a
submitted to OMB for review as will record items of Other
substantial number of small entities Comprehensive Income in account
required under the PRA, 44 U.S.C. within the meaning of the RFA.
3507(d), and 5 CFR 1320.11. OMB 799.1, Other comprehensive income.
withheld approval pending submission Authority: 49 U.S.C. 11142 and 11164. Amounts included in this account will
of the final rule. We are today be maintained by each category of Other
List of Subjects in 49 CFR Part 1201.
submitting the collection contained in Comprehensive Income. Examples of
Railroads, Uniform System of categories of Other Comprehensive
this final rule to OMB for approval. Accounts.
Once approval is received, we will post Income include foreign currency items,
It is ordered: minimum pension liability adjustments,
a copy of the revised Form R–1 on the 1. The final rules set forth below are
Board’s Web site. Unless renewed, OMB unrealized gains and losses on
adopted and will be effective on May 6, available-for-sale type securities and
approval of this collection expires three 2016. Notice of the rules adopted here
years after the date that OMB approves cash-flow hedge amounts.
will be published in the Federal
the collection. Register. (b) Supporting records will be
2. This decision is effective on the maintained for account 799 so that the
Regulatory Flexibility Act Statement company can readily identify the
date of service.
The Regulatory Flexibility Act of 1980 cumulative amount of Other
asabaliauskas on DSK3SPTVN1PROD with RULES
(RFA), 5 U.S.C. 601–612, generally 11 Class I carriers generally do not fall under the Comprehensive Income for each item
requires a description and analysis of definition of a ‘‘small rail carrier’’ as defined by the included in this account.
new rules that would have a significant Small Business Administration (SBA). The SBA’s
(c) When an item of Other
economic impact on a substantial Office of Size Standards has established a size
standard for rail transportation, pursuant to which Comprehensive Income enters into the
10 Surface Transportation Board, Office of
a ‘‘line-haul railroad’’ is considered small if its determination of earnings in the current
number of employees is 1,500 or less, and a ‘‘short or subsequent periods, a reclassification
Economics, Environmental Analysis and line railroad’’ is considered small if its number of
Administration, Accounting Series Circular No. 202 employees is 500 or less. 13 CFR 121.201 (industry adjustment will be recorded in account
(2003). subsector 482). 799 to avoid double counting of when
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![Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19923
DEPARTMENT OF THE INTERIOR or (toll free) 800–358–2104; facsimile: prohibited activities when the activities
703–358–2281; email: can be shown to enhance the
Fish and Wildlife Service managementauthority@fws.gov; Web propagation or survival of the species;
site: http://www.fws.gov/international. (2) Interstate commerce is authorized
50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: only when both the buyer and seller are
[Docket No. FWS–R9–IA–2011–0027; Timothy J. Van Norman, Chief, Branch registered for the same species;
FF09A30000 123 FXIA16710900000R4] of Permits, Division of Management
Authority, U.S. Fish and Wildlife (3) The registration is only for live,
RIN 1018–AW81 Service, 5275 Leesburg Pike, MS–IA, mainly nonnative endangered or
Falls Church, VA 22041–3803; threatened wildlife that was born in
Endangered and Threatened Wildlife captivity in the United States (although
and Plants; U.S. Captive-Bred Inter- telephone 703–358–2104; fax 703–358–
2281. If you use a telecommunications the Service may determine that a native
subspecific Crossed or Generic Tigers
devise for the deaf (TDD), call the species is eligible for the registration; to
AGENCY: Fish and Wildlife Service, Federal Information Relay Service date, the only native species granted
Interior. (FIRS) at 800–877–8339. eligibility under the registration is the
ACTION: Final rule. SUPPLEMENTARY INFORMATION: Laysan duck (Anas laysanensis));
SUMMARY: We, the U.S. Fish and Background (4) Registration does not authorize
Wildlife Service (Service), are amending To prevent the extinction of wildlife activities with non-living wildlife, a
the regulations that implement the and plants, the Endangered Species Act provision that is intended to discourage
Endangered Species Act (Act) by of 1973, as amended (16 U.S.C. 1531 et the propagation of endangered or
removing inter-subspecific crossed or seq.) (Act), and its implementing threatened wildlife for consumptive
generic tiger (Panthera tigris) (i.e., regulations in title 50 of the Code of markets; and
specimens not identified or identifiable Federal Regulations (CFR), prohibit any (5) The registrants are required to
as members of Bengal, Sumatran, person subject to the jurisdiction of the maintain written records of authorized
Siberian, or Indochinese subspecies United States from conducting certain activities and report them annually to
(Panthera tigris tigris, P. t. sumatrae, P. activities with species listed under the the Service. The CBW registration has
t. altaica, and P. t. corbetti, Act unless first authorized by a permit, provided zoological institutions and
respectively)) from the list of species except as a rule issued under section breeding operations the ability to move
that are exempt from registration under 4(d) of the Act applies to the species. animals quickly between registered
the Captive-bred Wildlife (CBW) These activities include import, export,
institutions for breeding purposes.
regulations. The exemption currently take, and sale or offer for sale in
allows those individuals or breeding interstate or foreign commerce. The In 1993, the Service amended the
operations who want to conduct Secretary of the Interior may permit CBW regulations at 50 CFR 17.21(g) (58
otherwise prohibited activities, such as these activities for endangered species FR 68323, December 27, 1993) to
take, interstate commerce, and export for scientific purposes or enhancement eliminate public education through
under the Act with U.S. captive-bred, of the propagation or survival of the exhibition of living wildlife as the sole
live inter-subspecific crossed or generic species, provided the activities are justification for the issuance of a CBW
tigers, to do so without becoming consistent with the purposes of the Act. registration. That decision was based on
registered. We make this change to the In addition, for threatened species, the Service’s belief that the scope of the
regulations to strengthen control over permits may be issued for the above- CBW system should be revised to relate
commercial movement and sale of tigers listed activities, as well as zoological, more closely to its original intent, i.e.,
in the United States and to ensure that horticultural, or botanical exhibition; the encouragement of responsible
activities involving inter-subspecific education; and special purposes breeding that is specifically designed to
crossed or generic tigers are consistent consistent with the Act. The Secretary help conserve the species involved (63
with the purposes of the Act. Inter- of the Interior has delegated the
FR 48635; September 11, 1998).
subspecific crossed or generic tigers are authority to administer endangered and
threatened species permit matters to the In 1998, the Service amended the
listed as endangered under the Act, and
a person will need to obtain Director of the U.S. Fish and Wildlife CBW regulations (63 FR 48634,
authorization under the current Service. The Service’s Division of September 11, 1998) to delete the
statutory and regulatory requirements to Management Authority administers the requirement to obtain a CBW
conduct any otherwise prohibited permit program for the import or export registration for holders of inter-
activities with them. of listed species, the sale or offer for sale subspecific crossed or generic tigers
in interstate and foreign commerce for (i.e., specimens not identified or
DATES: This rule becomes effective on
nonnative listed species, and the take of identifiable as members of Bengal,
May 6, 2016.
nonnative listed wildlife within the Sumatran, Siberian, or Indochinese
ADDRESSES: The supplementary United States.
materials for this rule, including the subspecies (Panthera tigris tigris, P. t.
public comments received, are available Previous Federal Action sumatrae, P. t. altaica, and P. t. corbetti,
at http://www.regulations.gov at Docket respectively)). Certain otherwise
In 1979, the Service published the
No. FWS–R9–IA–2011–0027. You may Captive-bred Wildlife (CBW) regulations prohibited activities with these
asabaliauskas on DSK3SPTVN1PROD with RULES
obtain information about permits or (44 FR 54002, September 17, 1979) to specimens were authorized only when
other authorizations to carry out reduce Federal permitting requirements the activities were shown to enhance
otherwise prohibited activities by and facilitate captive breeding of the propagation or survival of the
contacting the U.S. Fish and Wildlife endangered and threatened species species, provided the principal purpose
Service, Division of Management under certain conditions. These was to facilitate captive breeding.
Authority, Branch of Permits, 5275 conditions include: Although the submission of a written
Leesburg Pike, MS–IA, Falls Church, VA (1) A person may become registered annual report was not required, holders
22041–3803; telephone: 703–358–2104 with the Service to conduct otherwise of these specimens had to maintain
VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1](https://thefederalregister.org/doc/81_FR_19970/page/20.svg)
Document Created: 2018-02-07 13:52:06
Document Modified: 2018-02-07 13:52:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on May 6, 2016. | |
| Contact | Pedro Ramirez at (202) 245-0333. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. | |
| FR Citation | 81 FR 19904 | |
| CFR Associated | Railroads and Uniform System of Accounts |
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